On September 12, 2024, the Swedish Migration Court of Appeal issued a ruling in an important case regarding children’s ability to acquire Swedish citizenship alongside a parent. Their decision is highly significant for parents who wish to apply for Swedish citizenship for children. The ruling clarifies that children don’t need permanent residency in order to obtain citizenship when the parent receives citizenship. Instead, the focus should be on the child’s connection to the parent and what’s in the child’s best interest. Meaning that when a parent becomes a Swedish citizen, their child can also be granted citizenship, even without permanent residency.
Background to the ruling in question
The ruling was given in a case involving a family with a three-year-old daughter. The mother applied for Swedish citizenship and simultaneously requested that her daughter also be granted citizenship. Her daughter was born in Sweden and has lived here with both parents, who share joint custody. Despite this, the mother was granted Swedish citizenship, while the Swedish Migration Agency denied the giving the little girl citizenship. The Migration Agency argued that the girl wasn’t entitled to citizenship because she didn’t have permanent residency. They claimed that permanent residency is a requirement when applying for citizenship, and the girl simply didn’t meet the criteria. And they didn’t see reason to make an exception.
The decision from the Migration Court of Appeal
The Migration Court of Appeal in Sweden ruled that the most important factor in a application for citizenship is child’s connection to the parent, not whether they have permanent residency. They believed the girl had a strong bond with her parents, which outweighed the requirement for permanent residency.
The Migration Court of Appeal also took into account the best interests of the child and how a decision to deny citizenship would affect her life situation and relationship with her parents. Since the girl was born in Sweden and lived here with her them, the court believed she should be granted Swedish citizenship despite not having permanent residency.
How the ruling affects other applications for Swedish citizenship for children
This ruling will change how citizenship applications are handled when parents want their children to be included in their process. Previously, it was strictly required that children had to have permanent residency to be granted citizenship. But with this ruling, more children will be able to receive citizenship alongside their parents. The child’s living situation and relationship with the applying parent will be much more important. And hopefully, it will become easier for children to gain Swedish citizenship when their parent is granted citizenship. Especially when it’s clear that the child has a strong connection to Sweden and the parent.
The child’s best interests is important when applying for Swedish Citizenship for Children
This ruling is now a guiding principle in applications for Swedish citizenship involving children. And it can govern children’s chances of acquiring Swedish citizenship. The best interests of the child should be a priority, and other requirements, such as permanent residency, won’t be decisive. This will make future decisions regarding citizenship more flexible and fair as the focus will be on how a decision impacts the child’s life and future.
